TERMS OF CONDITION
South FL Candle Supply Terms Of Sale
THESE TERMS OF SALE (THESE "TERMS OF SALE") GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY SOUTH FL CANDLE SUPPLY, INC. ("SOUTH FL CANDLE SUPPLY", "US" OR "WE") THROUGH WWW.SOUTHFLCANDLESUPPLY.COM (THE "SITE") OR (UNLESS OTHER TERMS OF SALE ARE EXPRESSLY AGREED BETWEEN THE PARTIES IN WRITING) BY TELEPHONE, FACSIMILE, E-MAIL OR BY VISIT TO OUR PREMISES. PLEASE READ THESE TERMS OF SALE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF SALE, WITHOUT LIMITATIONS OR QUALIFICATIONS OF ANY SORT. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME IN OUR SOLE DISCRETION. YOU SHOULD PERIODICALLY REVIEW THESE TERMS OF SALE TO ENSURE THAT YOU REMAIN UP TO DATE ON ALL SUCH CHANGES.
Orders
Unless you and SOUTH FL CANDLE SUPPLY have executed a separate written sales agreement, then, unless such separate agreement is referenced in your order, these Terms of Sale will govern our sale of products and/or services to you, and by placing an order with us you agree to be bound by these Terms of Sale with regard to that order. The preprinted terms of any documents, such as purchase orders, that you may submit to us in conjunction with an order for products will not alter, change or add to these terms, regardless of how we acknowledge or accept your order and regardless of the fact that such preprinted terms may contain language stipulating that they supersede these Terms of Use. All orders are deemed to have been placed and accepted in Pompano Beach, FL. All orders are subject to acceptance by us, and once accepted, an order cannot be cancelled, modified or rescheduled by you without our consent. We reserve the right to reject or cancel any order, or to limit the size of any order, at any time in our sole discretion.
In Store Pick Up
Orders available for pick up in showroom must be picked up within fourteen (14) days. After these dates, orders will be canceled and refunded. Please review In Store Pick Up In Policy for further information.
Availability
Availability of our products and/or services is subject to change without notice. If a product is not in stock when you place your order, we will do our best to advise you when the product will be available. South FL Candle Supply shall not be liable for any claims or damages arising in connection with products which are out of stock or otherwise unavailable. South FL Candle Supply reserves the right to discontinue the sale of any product or service at any time without notice to you or any other third party.
Prices
Prices shall be our published prices for the products or as otherwise quoted by us to you in writing. Unless otherwise specified by us, any written or electronic price quotes we may provide from time to time are valid only for the period of time specified in such quote. We reserve the right to increase the price for any product without notice to you (provided, that we will not increase prices for products which have been previously ordered by you but not yet shipped). We are not responsible for any errors on the Site. In the event a product is listed at an incorrect price due to typographical, photographic or technical error or error in pricing information received from our suppliers or manufacturers, we reserve the right to refuse or cancel any orders placed for that product listed at the incorrect price.
No Minimum Order
We do not require a minimum dollar amount for orders. The minimum quantity required may vary between products. Promotions may require minimum dollar amounts or purchase quantities to qualify for promotional pricing or products.
Tax Information
All prices are net of any sales, use, excise, value added and similar taxes imposed by any governmental authority regardless of how denominated; and any international shipping charges, broker's fees, consular fees and customs duties, which shall all be your sole responsibility. You shall pay all such taxes or charges. In the event (i) we are required to pay any taxes or other charges for which you are responsible, you shall promptly repay these amounts to us immediately upon receipt of our invoice, or (ii) we ship any product(s) internationally which have been pre-paid, we have the right to cause such product(s) to be returned or otherwise disposed of in the event you fail to pay any customs or duties required to be paid in accordance with the agreed-upon shipment terms.
Tax Exemption
If you or your organization is exempt from the payment of sales tax, you must submit the proper documentation to us prior to placing your order to avoid collection of tax. We are unable to refund sales tax assessed on orders placed before your tax exemption paperwork is processed.
Please allow 3 - 5 business days for processing your tax exemption paperwork. Upon processing your request, you will receive an email notification confirming future purchases will automatically be processed as exempt from sales tax.
While South FL Candle Supply may not currently collect sales or use tax in your state, your purchase is not necessarily exempt from sales or use tax merely because it was purchased via the internet. Some states require purchasers in that state to file a sales and/or use tax return each year reporting all non-taxed purchases and to pay tax on those purchases. Many states require that a reseller pay tax on purchases made for consumption rather than resale. Any information about how your state collects taxes should be found on your state’s Department of Revenue website.
Payment Terms
We accept payment by Cash, VISA, MasterCard, Discover, American Express . Your credit card, debit card or additional accepted payment method will be charged at the time any order is placed. You agree to address any and all product and transaction claims solely with us and not to initiate, under any set of circumstances, charge refusals or charge-backs with credit card issuers, and you agree to indemnify us for any expenses or damages we may suffer on account of the initiation by you of any such charge refusal or charge-back.
Security When Ordering
We understand that online credit card security is of great concern to our customers. So when you enter your credit card number and billing information into our system, it is immediately and securely sent to our bank for verification. We never store our customers' credit card numbers in our system. In fact, we never see them. Secure Socket Layer (SSL) technology and Industry Standard Firewalls work together to ensure your privacy and to assist in protecting your personal data. We use SSL technology to provide you with the safest, most secure shopping experience possible. SSL technology enables encryption (scrambling) of sensitive information during your online transactions. All forms requiring payment or personal information, within our website, are secured with SSL technology so your data stays safe and out of malicious hands. Our servers are protected by secure firewalls which are communication management servers specially designed to keep information secure and inaccessible by other Internet users.
If you opt to save your credit card details at checkout, the information is encrypted and stored through a PCI DSS compliant tokenization system that replaces your credit card number with a secure identifier, called a “token” that can only be used on www.southflcandlesupply.com. This adds several layers of security. Your credit card details will be available when you return to shop with us, adding convenience while remaining secure.
Shipping
Order characteristics such as size, weight and distance will determine the method for delivering your order. Orders will ship via courier, parcel services or motor freight as selected by Customer at the time the order is placed. Shipping fees are calculated per order and displayed to Customer prior to order completion and collection of payment. All shipping fees are charged at the time the order is placed and are considered final.
Processing times can vary based on current order volume. Up-to-date processing times will always be located in the “announcement bar” at the top of our website. We process orders on business days, Tuesday-Saturday. While we will do our best to follow these guidelines, at times (depending on circumstances and order volume) these may be extended.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
If a shipping rate is quoted incorrectly due to typographical error or error in pricing information, we shall have the right to refuse, adjust or cancel the applicable order whether or not the order has been confirmed or whether or not payment has been remitted. We shall make every reasonable effort to meet your specified delivery date, but in no case shall we be liable to you if we are unable to meet such date.
Incorrect Address
We are not responsible for any errors made in your billing or shipping addresses. Please double check all information prior to placing your order. All shipping labels will be made to the address you provided. In the event an order is placed and the shipping address is incorrect or invalid and sent back to us, the buyer will be responsible for any additional shipping costs associated to have the order re-shipped.
It is your responsibility to provide accurate contact and shipping information. Additional shipping charges may apply if we or the shipper is unable to contact you, or if you are not available to receive the shipped products, or if products are redirected at your request. In the event the delivery location is not entered correctly, we or the motor freight carrier will bill you directly for any additional shipping, handling or other fees.
South FL Candle Supply will not be held liable for shipments directed to an address other than the shipping address on the original order.
South FL Candle Supply does not prepare orders selected for pick up for shipping or transport via a third party. South FL Candle Supply reserves the right to refuse delivery to a common carrier or other third party attempting to pick up an order on behalf of Customer.
South FL Candle Supply does not support the use of freight forwarding services. Customers engage freight forwarders at their own risk. South FL Candle Supply will not complete or sign any documentation from freight forwarding companies or forwarding agents.
Refunds
In order to maintain the quality of our products, We do not accept any returns on fragrance oils due to sanitary reasons and due to the nature of our products. We highly recommend purchasing small sample sizes of any fragrance you are unfamiliar with prior to purchasing a larger size.
Return (If Applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Non- Returnable Items
If any product is no longer in it’s original condition (broken or altered safety seal on fragrance oils, opened package or any alteration on the product) it won’t qualify for a return. All products must be in the same condition as they where received in order to be qualified for a refund.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.If you’ve done all of this and you still have not received your refund yet, please contact us at support@southflcandlesupply@.com
Changes to Order Policy
You may make any adjustments to your order prior to receiving a tracking number for your order. If you wish to make an adjustment to your order, please email our support team ASAP and include your order number and what adjustment needs to be made. If you need to add something to an order, include what size, quantity, and the scent you wish to add. THERE WILL BE AN ADDED $2.00 PROCESSING FEE FOR ANY ADDITIONS, ADJUSTMENTS, ADDRESS UPDATES, OR CANCELLATIONS PER ORDER (NOT PER ITEM). Additionally, if you are making an adjustment that increases the shipping cost, you will be responsible for this amount OR if you qualify for free shipping because of your additions, you will be refunded this amount. Any additions must be paid in full before your order will be processed. You will have a maximum of 48 hours to pay an invoice for changes or additions. If the invoice is not paid within that time period, the change will be cancelled, and the original order will be fulfilled. We cannot guarantee that things will be added, but we will do our best to adjust orders.
Lost or Delayed Package Policy
We do everything in our power to ensure fast, accurate deliveries, but errors can occur. Once packages leave our facility we have no control over the route USPS or UPS uses to deliver your package. In the event that your package is delayed via USPS or UPS, please reach out to your local post office or local regional post office with your tracking number for assistance on locating your package. We are not responsible for any lost or delayed packages. If your package shows as delivered and you cannot find it, please reach out to the shipping carrier to file a claim. We are not responsible for packages after they leave our facility.
Damaged Product in Transit Policy
We do our best to ensure products are packaged safely and securely. In the event something arrives damaged or leaking, please take detailed pictures of the products as well as the packaging and email them to our support team support@southflcandlesupply.com. Please include your order number for our records. They will gladly assist you further regarding returns or refunds on damaged products.
Incorrect/Missing Item Policy
All of our orders are triple checked during our processing phase, but mistakes can happen. In the event that you are missing an item or received an incorrect item, please reach out to our support team with proof of order (photo of invoice that came in your order) as well as any relevant pictures within 5 days of receiving your order. Adjustments or corrections cannot be made after 5 days of delivery.
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at southflcandlesupply@gmail.com and we will provide you further instructions on where to return the item for an exchange. Please note that we cannot accept exchanges beyond 14 days from the initial purchase date.
All other items may be returned within 14 days of delivery with prior authorization. South FL Candle Supply will not be responsible for the shipping costs on returned items.
If you receive an order where we have made an error, please contact us within 5 days of delivery at info@southflcandlesupply.com with the details.
If you receive an order that that has been damaged, do not accept it from the carrier. Should you not be available when the package is delivered and you receive it damaged, please contact us within 5 days of delivery at info@theflamingcandle.com. Please include a picture of the damaged items in your email to us, and retain all damaged items and packaging.
We believe in our products so much that we offer a 7 day no-hassle refund policy. If you're unhappy about your purchase, send us and email at southflcandlesupply@gmail.com to send your product back. If 7 days have gone by since your initial date of purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
There are certain situations where only partial refunds are granted (if applicable)
- Products with obvious signs of use
- Any item not in its original condition, is damaged or missing parts for reasons not due to our error
Reselling by You
The products and services available on the Site are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us without our express written permission. South FL Candle Supply reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.
You shall be solely responsible for providing support to your resellers or customers. You agree to indemnify and hold us harmless from any claims asserted by a third party, regardless of the theory under which such claim is asserted, arising out of the resale or distribution of any products by you. Also, you are not authorized to use any of our trademarks or trade names or those of our manufacturers or suppliers without our or their consents, as the case may be.
Unauthorized Use of Products
The products sold by us are not intended or authorized for use with any real-time application in which failure of the products could create a situation where personal injury or death may occur. Many of our products, if not used correctly, can cause fires, injury or even death. While we may, from time to time, offer tutorials or guides within various portions of the Site (such as our Wick Guide), you are ultimately responsible for ensuring that you are using all products purchased from us in a safe and appropriate manner.
South FL Candle Supply shall not be liable for any claims, damages or injuries caused by your negligence, the negligence of any of your customers, the misuse of any of our products or services by you or any third party to which you provide access to our products, or any other damages or injuries arising out of your use of any of our products. You agree that you will not use or knowingly sell the products to your customers who intend to use the products in an inappropriate manner or in any unauthorized applications. We and our suppliers shall have no liability when products are used in conjunction with such applications.
Limitation of Liability
NEITHER OF US SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, PROCUREMENT COSTS, OR BUSINESS INTERRUPTION COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF (X) THE PURCHASE PRICE OF THE PRODUCTS GIVING RISE TO SUCH CLAIM REGARDLESS OF THE THEORY UNDER WHICH SUCH CLAIM IS ASSERTED, OR (Y) FOR ALL OTHER TYPES OF CLAIMS, THE AGGREGATE AMOUNT PAID BY YOU TO SOUTH FL CANDLE SUPPLY DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.
The collective limitations on our liability under these Terms of Sale apply also to our suppliers who are intended beneficiaries of these limitations.
Export Control
You agree not to export or re-export any product or technical data except in full compliance with the export control laws and regulations of the United States government, its departments and agencies, or import or re-export any product or technical data except in full compliance of the laws of the jurisdiction into which, or from which, such product or technical data is being imported or re-exported.
Force Majeure
Except for payment obligations, neither of us shall be liable for any failure to perform due to causes beyond our reasonable control, respectively, including but not limited to acts of God or nature, war, fire, bad weather, flood, accident, labor trouble or shortage, civil disturbance, plant shutdown, equipment failure, voluntary or involuntary compliance with any applicable governmental regulation or order, or shortage or inability to obtain (on terms deemed practicable by the party affected) any raw materials (including energy), equipment or transportation. In cases of material shortages we reserve the right to allocate the delivery of affected materials as we see fit. The time for performance shall be extended by the period of the applicable force majeure event.
Intellectual Property
You hereby recognize South FL Candle Supply intellectual property rights in its name, the Site and all other intellectual property owned by South FL Candle Supply, and nothing herein shall be deemed to assign ownership of any such intellectual property to you. Our intellectual property may include, but is not limited to, patents, patent applications, copyrights (including drawings, prints, manuals and specifications), trademarks and service marks (registered or unregistered) and applications thereof, "trade dress", and technical, proprietary and confidential information. You affirm that you are obtaining the products or services sold through the Site for use as intended. You will not reverse-engineer or use any product to develop similar products to those purchased from the Site, nor will you knowingly or willingly permit your customers, employees, contractors or affiliates to do the same. For purposes of these Terms of Use, "reverse engineering" includes, but is not limited to, disassembly of a product or discovery of the chemicals or other components of a fragrance, or utilization of our specifications and/or literature for the purposes of developing one or more similar or derivative products or services that can be reasonably regarded as competitive with our offerings.
Independent Contractors
Neither South FL Candle Supply nor Customer shall be deemed to be the agent or legal representative of the other for any purpose whatsoever. We are independent contractors and neither of us shall represent or hold ourselves out in any other capacity.
Compliance with Laws
Each of us agrees to comply with all laws and regulations applicable to our respective performance under these Terms of Sale and in the conduct of our business operations and to be responsible for obtaining any approvals or licenses necessary to maintain such compliance.
Assignment
You may not assign these Terms of Sale, by operation of law or otherwise, without our prior written consent. Any assignment attempted in violation of this provision shall be void and of no legal effect.
Representations and Warranties
You hereby represent and warrant that you have the authority to enter into this agreement, that these Terms of Use are binding on you and/or the company for which you are an employee or agent, and that you are, as of the date hereof, and will be, as of the date of any order, solvent.
Governing Law
These terms and conditions shall be governed and construed in accordance with the laws of the state of Florida excluding its choice of law provisions. The United Nations Convention for the International Sale of Goods shall not apply.
Other Sales
Nothing herein shall be deemed to limit or restrict our ability to sell products or services to, or otherwise work, with any other company, business or individual, including, without limitation, your direct competitors.
Entire Agreement
These Terms of Sale and the transaction specific terms of any order accepted by us in writing represent our entire agreement with respect to your order. No modification or amendment or waiver of rights will be effective except in a written document signed by both of us. Waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default. We reserve the right to alter or change these Terms of Sale at any time with respect to future orders that you may place with us.
Severability
If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.